Monthly Archives: February 2018

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Has your nightclub been doing well? Is your place considered the town’s party mecca? Do tourists enjoy the place and they always come back when they’re in town? If you’ve answered yes to all of the questions, then your business is looking good. But what if after 3 or 5 years, your club attendance suddenly diminishes or declines? And no matter what promotion you do, you just can’t back on your feet? Do you think it’s time to close up? Or do you think there’s another way to be on top again?

Nightclub consulting firms say that establishments such as bars have different factors in maintaining their longevity. The market size is one crucial factor that needs to be paid attention to. If you’re living in a big city, it’s a given fact that the competition is tough. Therefore, your chances of operating for 10 years or longer are slim. On the other hand, running a business in small town is more advantageous. You can expect little competition, and if you’re a good manager, then you can expect your business to be running smoothly for long.

Another main factor that could affect the longevity of your business is your customers. They are very important for your business and you should take care of them very well. Customers have different wants so you should be familiar with the latest trends. To keep your customers loyal to you, you should be able to offer them the thrills that would keep them coming back for more.

Thinking of remodelling and re-branding your nightclub? Remember these few factors:

· Examine your books. The way to find out if your business is slacking on sales is through checking out your sales. Compare your previous to current month sales.

· Check out your staff. Quality is of utmost importance. If your employees are not performing well, this could be a factor causing your customers to find a different hang out place.

· Protect your best employees. Some customers come back because they love the customer service. If you have a good employee, protect them by treating them well. Don’t let them be poached by a competitor.

· A good way to find out what’s good for your business is to ask your customers. Get feedback on what techniques have worked and what haven’t.

If you want to get back on your feet, you need to come up with the most unique marketing ideas for nightclubs as soon as possible. These ideas may help:

· Promote on social networking sites. This is a very effective marketing strategy today for any business. If you’ve got a new event, then promote it on social networking sites. This is one way to boost your popularity.

· Host unique contests. Unique – meaning not every bar out there has already thought of this contest. Something like “be a bartender for the night,” or “create a cocktail of your own.”

Majority of nightclubs that experienced decline in sales found re-branding and remodelling effective in getting back on their feet. But remember, re-branding should always be done with remodelling. Doing one without the other isn’t effective.

The fulfillment of the legal obligation in a contract is called performance of the contract. Chapter vi of the contract Act deals with the performance of the contracts.

2. OBLIGATION OF PARTIES TO

UNDER CONTRACT ACT:

According to sec 37 of contract Act. The parties to contract must either perform or offer to perform their respective promises. Unless such performance is dispensed with or excused under the provisions of this Act or any Other law.

3. DEMAND OF PERFORMANCE:

Following persons can demand performance of the contract.

(I) PROMISEE:

Promise can demand the performance of the contract.

> Example:

A promise to B to pay 1000 Rs to C. If A does not Pay the amount to C. It is only B who can demand performance of Contract By A who made promise.

(II) LEGAL REPRESENTATIVE:

If promise dies, his legal representative can demand the performance of the contract.

> Example:

A borrowed some money from B. B died – 1 The legal representative of B can demand the performance of the contract.

4. BY WHO CONTRACT MUST BE PERFORMED:

Contract must be performed by the following persons.

(I) THE PROMISER HIMSELF:

Contract may be performed by the promiser. Either himself or through other competent person.

> Example:

A promises to paint a picture for B. A must perform the promise himself.

(II) AGENT:

Contract may be performed by Agent of the promisor.

> Example:

A promise B to sell goods A may perform his promise himself or through his agent.

(III) LEGAL REPRESENTATIVE:

Contract may be performed by legal representative.

> In Case of Personal Skill:

In case of contract involving personal skill, the legal representative of deceased arc not bound to perform the contract.

> In Case of Not Personal Skill:

In case of contract not involving personal skill but impersonal nature the legal representative are bound to perform the contract.

(IV) THIRD PERSON:

When a promise accepts performance of contract form a third person he can not afterward enforce it against the promisor.

> Example:

A borrows Rs 5 Lac from B and promises to repay within a year. After few months C the brother of A pays Rs 5 Lac to B. B accepts the money. A is discharge from the liability to pay.

5. CONCLUSION:

To conclude I can say that. The parties of contract must fulfill their contractual obligations. If contract is not performed with in specified time, it will be terminated.

You might have thought for a long time and realised that it’s time to make some home renovations. You already have a general idea of what you want to do with your house, including the floor plans for each room. Everything has to be planned in detail because the time and effort put into home improvements is major. Home renovation costs can get out of control if you do not analyse the details and make a general materials list without having a strict strategy. Here are some tips that you can follow once you decide to carry on some building and home renovations:

First of all, you have to decide if you can do the house renovation on your own or if you engage the services of a professional builder, i.e. a home improvement professional. These professionals provide interior design with the original floor plan of your home. They could also collaborate with you by merging your good ideas with a detailed design plan, to make your house comfortable as well as functional to live in. Truth to tell, some people think that a professional interior design is not that important in making home improvements but these design ideas can really help the owner do the right home renovations-from kitchen renovations to bathroom renovations etc.

Secondly, it is important that the block of land that your house is sitting on is well suited to the house design that you have in mind. For example, if you can sit your house to take advantage of the rise and setting of the sun you will be amazed at the variation it will make. If you are in a warm climate you want the sun coming into your bedrooms and kitchen early morning and then you want to keep out the bright sun in the afternoon.

Third and lastly, when thinking of renovation ideas, keep in mind that the furniture and furnishings of your home play an important role in your daily life. Not only do they add beauty to your new home your furniture and furnishings directly impact on your health in more ways then you realise. For example, accumulated dust in windows and drapes can produce an asthma attack for some members of your household so the interior design should have health considerations. All in all, it is advisable that you have a step-by-step guide in making home renovations and talk to a professional.

Home renovations can be fun and gratifying, particularly when done right. Do some reading on home improvements and collect some renovation ideas. You will get some great tips to design your house so it can be very practical for your family and comfortable. As a final thought, when you decide to do your home addition or extensions, home renovations costs must be planned carefully since you want to finish your home renovations within budget.

In any Listing Agreement there is a point in time when the agency relationship ends.

A Listing Agreement, as it is widely known, is none other than a contract between the rightful titleholder of an interest in land (the ‘Principal’) and a duly licensed real estate firm (the ‘Agent’), whereby the firm stipulates and agrees to find a Buyer within a specified timeframe who is ready, willing and able to purchase the interest in land that is the subject matter of the contract while acting within the realm of the authority that the Principal confers onto the Agent, and wherein furthermore the titleholder stipulates and agrees to pay a commission should the licensee ever be successful in finding such Buyer.

As in all contracts, there is implied in a Listing Agreement an element which is commonly know at law as an ‘implied covenant of good faith and fair dealings’. This covenant is a general assumption of the law that the parties to the contract – in this case the titleholder and the licensed real estate firm – will deal fairly with each other and that they will not cause each other to suffer damages by either breaking their words or otherwise breach their respective and mutual contractual obligations, express and implied. A breach of this implied covenant gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Due to the particular nature of a Listing Agreement, the Courts have long since ruled that during the term of the agency relationship there is implied in the contract a second element that arises out of the many duties and responsibilities of the Agent towards the Principal: a duty of confidentiality, which obligates an Agent acting exclusively for a Seller or for a Buyer, or a Dual Agent acting for both parties under the provisions of a Limited Dual Agency Agreement, to keep confidential certain information provided by the Principal. Like for the implied covenant of good faith and fair dealings, a breach of this duty of confidentiality gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Pursuant to a recent decision of the Real Estate Council of British Columbia (http://www.recbc.ca/) , the regulatory body empowered with the mandate to protect the interest of the public in matters involving Real Estate, a question now arises as to whether or not the duty of confidentiality extends beyond the expiration or otherwise termination of the Listing Agreement.

In a recent case the Real Estate Council reprimanded two licensees and a real estate firm for breaching a continuing duty of confidentiality, which the Real Estate Council found was owing to the Seller of a property. In this case the subject property was listed for sale for over two years. During the term of the Listing Agreement the price of the property was reduced on two occasions. This notwithstanding, the property ultimately did not sell and the listing expired.

Following the expiration of the listing the Seller entered into three separate ‘fee agreements’ with the real estate firm. On all three occasions the Seller declined agency representation, and the firm was identified as ‘Buyer’s Agent’ in these fee agreements. A party commenced a lawsuit as against the Seller, which was related to the subject property.

The lawyer acting for the Plaintiff approached the real estate firm and requested that they provide Affidavits containing information about the listing of the property. This lawyer made it very clear that if the firm did not provide the Affidavits voluntarily, he would either subpoena the firm and the licensees as witnesses to give evidence before the Judge, or he would obtain a Court Order pursuant to the Rules Of Court compelling the firm to give such evidence. The real estate firm, believing there was no other choice in the matter, promptly complied by providing the requested Affidavits.

As a direct and proximate result, the Seller filed a complaint with the Real Estate Council maintaining that the information contained in the Affidavits was ‘confidential’ and that the firm had breached a duty of confidentiality owing to the Seller. As it turned out, the Affidavits were never used in the court proceedings.

The real estate brokerage, on the other hand, took the position that any duty of confidentiality arising from the agency relationship ended with the expiration of the Listing Agreement. The firm argued, moreover, that even if there was a duty of continuing confidentiality such duty would not preclude or otherwise limit the evidence that the real estate brokerage would be compelled to give under a subpoena or in a process under the Rules Of Court. And, finally, the realty company pointed out that there is no such thing as a realtor-client privilege, and that in the instant circumstances the Seller could not have prevented the firm from giving evidence in the lawsuit.

The Real Estate Council did not accept the line of defence and maintained that there exists a continuing duty of confidentiality, which extends after the expiration of the Listing Agreement. Council ruled that by providing the Affidavits both the brokerage and the two licensee had breached this duty.

The attorney-client privilege is a legal concept that protects communications between a client and the attorney and keeps those communications confidential. There are limitations to the attorney-client privilege, like for instance the fact that the privilege protects the confidential communication but not the underlying information. For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney-client privilege will still protect the communication to the attorney, but will not protect the information provided to the third party.

Because of this, an analogy can be drawn in the case of a realtor-client privilege during the existence of a Listing Agreement, whereby confidential information is disclosed to a third party such as a Real Estate Board for publication under the terms of a Multiple Listings Service agreement, but not before such information is disclosed to the real estate brokerage. In this instance the privilege theoretically would protect the confidential communication as well as the underlying information.

And as to whether or not the duty of confidentiality extends past the termination of a Listing Agreement is still a matter of open debate, again in the case of an attorney-client privilege there is ample legal authority to support the position that such privilege does in fact extend indefinitely, so that arguably an analogy can be inferred as well respecting the duration of the duty of confidentiality that the Agent owes the Seller, to the extent that such duty extends indefinitely.

This, in a synopsis, seems to be the position taken by the Real Estate Council of British Columbia in this matter.

Clearly, whether the duty of confidentiality that stems out of a Listing Agreement survives the termination of the contract is problematic to the Real Estate profession in terms of practical applications. If, for instance, a listing with Brokerage A expires and the Seller re-lists with Brokerage B, if there is a continuing duty of confidentiality on the part of Brokerage A, in the absence of express consent on the part of the Seller a Realtor of Brokerage A could not act as a Buyer’s Agent for the purchase of the Seller’s property, if this was re-listed by Brokerage B. All of which, therefore, would fly right in the face of all the rules of professional cooperation between real estate firms and their representatives. In fact, this process could potentially destabilize the entire foundation of the Multiple Listings Service system.

In the absence of specific guidelines, until this entire matter is clarified perhaps the best course of action for real estate firms and licensees when requested by a lawyer to provide information that is confidential, is to respond that the brokerage will seek to obtain the necessary consent from the client and, if that consent is not forthcoming, that the lawyer will have to take the necessary legal steps to compel the disclosure of such information.

Home improvement referral services are cropping up from New York to California. They are taking the time to do the legwork to find reputable and reliable contractors and these businesses are reaping profits from good work.

It really doesn’t take much to start. A home improvement referral service business takes only a little money and not more time than a regular 40 hour a week job. They can actually start making money within the first year of business.

The first thing to consider is what types of home improvement businesses your will refer. This can include gutter cleaning and replacement, remodeling, building additions, fencing, lawn maintenance, and many others. Remember, all though you may like to paint a client may not like it or have the time. Therefore, no business should be overlooked.

Once you have an idea of the types of contractors for your referral service business, you will need to call the local, county, and state government offices. Get the regulations and requirements regarding licensing, bonding, business registry, and insurance for each type of contractor. This is the first step to building your list. Any contractor that does not meet government regulations should not be on your referral list.

By knowing these requirements and using them, your home improvement referral business will gain credibility with your clients. They will know that if the contractor doesn’t meet these requirements, they will not be on your list. It makes the client feel more sure the job will be completed professionally and correctly.

Another way to ensure creditability of your referral service business is to only look at contractors that are recommended by their past happy customers. But this is not the end of the screening process. Recommendations are not enough.

Once a contractor is recommended to your home improvement referral business, you need to check out his or her service. Talk to them, explaining your referral service business. Many contractors will give you the needed information happily. Ask to see their licenses, bonding information, and insurance to ensure they are current and up to date. Ask for a list of services they provide and the cost for these services. Finally ask for references you may speak to.

Now you have gotten your contractor referral list started. While working on creating this list, you should have started thinking about a name for your referral service business, advertising, office area, office equipment, and ordered a phone line for the business. You may want to use a computer right away, but an index card or file system could work just as well and for a fraction of the cost, until your company grows. Keep in mind that as your company grows, the office space, office equipment, and referral list system will probably need to become computerized to save time and money.

Since your referral business is going to begin locally, check with local newspapers and periodicals to see if they would be interested in doing an article about your business. Make some flyers and ask local hardware stores if you could leave some there to advertise your service. You may also want to send letters to realtors announcing your business, they can be great advertisers for you.

Make your services free to the people calling into your business looking for referrals. Many home improvement referral businesses charge the contractor anywhere from 6% to 15% depending on the size of the project. You put the customers in touch with the contractor, and upon completion of the project, the contractor pays you a fee.

Advertise that no contractors pay you to get onto your referral list. If clients or contractors ask how they get on the list, explain to them the only way for a contractor to get on the list is for a customer to recommend them. You may want to explain the whole screening process to let the person know the exact qualifications the contractors need to have before being accepted.

A referral service business can expand easily and rapidly. Once your business starts to grow, create a business plan to set goals. Decide how much you want to expand and consider starting franchises in other locations or expanding the list to include contractors that were not included originally. This is your home improvement referral service business and you can take it wherever you want.

The definition of entitlement with regard to land development is the legal method of obtaining approvals for the right to develop property for a particular use. The entitlement process is complicated, time consuming and can be costly, but know what you can and can’t do with a piece of property is vital to determining the real estate feasibility of your project. Some examples of entitlements are as follows:

Entitlement Examples:

1. Zoning and zoning variances for building heights, number of parking spaces, setbacks. Your land use attorneys and zoning experts come into play here. My advice is to heavily rely on their expertise and follow their directions to avoid unnecessary delays in your approval process.

2. Rezoning. Depending on the current use allowed for the property, you might need to have the site rezoned which is a complicated process and sometimes cannot be done.

3 Use Permits. You may need to obtain conditional use permits and this goes hand in hand with zoning and zoning variances.

4. Road approvals. Do you need to put in existing roads? Who maintains the roads? Are there shared roads via easements? These are all questions that you need to have the answers to and be prepared to comply with in the regulatory process.

5 Utility approvals. Are utilities available to the site? Do you need to donate land to the city in exchange for utility entitlements? Again, you will need to comply with the municipality regulations and standards.

6. Landscaping approvals. The city planning and development agencies must also approve your design and landscaping. Your architect and engineers will be most helpful in this area.

Hire an Experienced Development Team:

The best advise is to hire an experienced development team of architects, developers, lawyers, project consultants, civil, soil, landscape and structural engineers and consultants at the onset to help you analyze, review, interpret and advise you regarding design studies, applicable zoning and code requirements, and maximum development potential of the property. Without an experienced team, it is extremely difficult and a lot of time will be wasted in trying to complete the regulatory process because the very nature of the regulatory process is so complicated.

Here is how the process works. First, remember to keep in mind that the process is very slow and frustrating and can take approximately 3 to 12 months or sometimes years depending on how complicated the project is. Part of the reason is that each city planner has different interpretations of their local rules. Today, approvals involve jurisdictions overlapping such as city, county and state and these jurisdictions do not communicate with each other. It is extremely crucial that you establish good working relationships with these planners to obtain your approvals. Again, this is why you need to work with a development team that has already built these relationships with local staff of the local jurisdiction where your property will be developed. These relationships will streamline and help to expedite your approval process. Your experienced team of experts will be able to negotiate issues for you and eliminate additional requests by the local jurisdiction to avoid further delays in obtaining your approvals.

Regulatory Process:

Majority of development projects must go through certain aspects of the entitlement process and some projects will be required to go through several public hearing processes for approval depending on each jurisdiction’s rules. To begin, commercial development of land requires a review and approval from the local Development Review Board or Planning Department Review Division. Each municipality has a different name but the functions are similar.

The process starts with obtaining site approval from the local Planning and Development Department. By contacting the local Planning and Development Department Review Division, your expert team will then put together a land use pre-application which complies with the codes of that particular jurisdiction. By complying with the codes, this will eliminate additional requests by the jurisdiction, further review and extension and unnecessary delays of the approval process.

Next a meeting date will be set. You and/or your representatives will meet with the Planning Department to discuss the proposed project and review process. The process includes approval of your site plan, elevations, colors, landscaping, vicinity map, etc. Environmental information will need to be submitted also. There is usually a fee that accompanies the application. The fees vary from jurisdiction to jurisdiction.

If for some reason your site plan is denied, you can appeal to the City Council. The appeal process varies from each jurisdiction.

Once you obtain site approval, then you will need design approval, master use permits. The design approval process is where your architect will design the building shell, core layout, exterior appearance, building height, site layout, landscaping concepts, traffic impact, site access and utility layouts and submit them for approval.

Neighborhood hearings are generally required for all general plan conditional use permits. You may be required to send out written notice or post information on the site. Normally the City will send notices to the neighbors also. Signs should be placed on the property, and an open house meeting is generally held. Your development team will be instrumental in advising and assisting you so that you have a higher probability of achieving success in obtaining neighborhood approval. Be prepared, even if you comply with the regulatory process codes and regulations, there is always the possibility that the neighborhood may have their own agenda and that the hearings and decisions may not be favorable to your project going forward. This is where your attorneys and the rest of your development team’s expertise and participation are crucial.

If wetlands are located on the property you will need special documentation that states whether the Wetlands Act applies or not. If it does, either it will result in significant or insignificant impact as granted by evidence of a permit. Sometimes it is best to set aside or donate the wetlands portion of the property and avoid development issues. Your development team will be able to advise you on the best course of action once they have assessed all the information and reviewed the reports.

Yes, you don’t need to be a professional landscaper in order to do your own landscaping, but here are some tips and rules to follow before heading out to your outdoor space and starting your own landscaping project:

Make an evaluation of your skill set

If you have some experience with DIY projects and with gardening, then you are ready to dive into your new outdoor space design project. If you are completely unfamiliar with this kind of work, it is best to spend some time to look at and study different landscaping projects, ideas, plans, photos, and videos before you start our own project. Start small, and as you build up your confidence, you can move to larger projects.

Get to know your personal style

Plan and sketch your landscaping ideas before proceeding. Make them in accordance with your personal tastes and style. If you want to make some improvements and minor changes to your outdoor space, then you can start with some easy to handle DIY tasks, such as re-designing the edgings of your flower beds or adding a few new plants and flowers to your flower beds. Larger projects can require some help from professionals.

Get rid of the clutter

Before you proceed with a grand project to redo your entire outdoor space, start by removing the clutter from your existing garden. Take the time to remove overgrown or unwanted plants and elements. This will help clean out your area so that you can get a better visual idea of what you would like to add and transform it into.

Get some professional help

Consider spending a small fee to get professional consultations and advice from a landscaping expert. Yes, you may feel confident that you have laid out a perfect plan for your new outdoor landscaping project, but if you are new to this, it is highly recommended that you ask an expert for an evaluation of your ideas. This will make you sure you are moving in the right direction and will not be making any mistakes which can turn out to be quite costly. The landscaper can also help you break down the costs of the project so that you don’t overspend and get overwhelmed in the process of the transformation of your garden or other outdoor space.

Don’t overestimate your skills, time and financial resources

Your project should be spaced out and properly timed so that you don’t end up spending tireless hours, days and months and still not be able to complete it. Instead, start small. Plan ahead, and do some of the landscaping work this year, and leave the next step of the project for the upcoming year.